Nevada Supreme Court Rules on Admissibility of Text Messages by BuckleySandler LLP on 4/24/2012 On April 5, the Nevada Supreme Court held that a lower court abused its discretion when it admitted text messages absent sufficient evidence corroborating the identity of the sender. Rodriguez v. Nevada, No. 56413, 2012 WL...more
New Federal Guidelines Promote Uniform Treatment of E-Discovery in Criminal Proceedings by Bracewell & Giuliani LLP on 2/24/2012 The Department of Justice (DOJ), the federal courts, and the criminal defense bar have developed a set of guidelines that appears to be a major step towards uniform treatment of e-discovery in federal criminal...more
White Collar Compliance & Defense Practice Alert - U.S. Justice Department and Criminal Defense Bar Sign E-Discovery Protocol for... by Fox Rothschild on 2/22/2012 The Joint Electronic Technology Working Group (Working Group) of federal criminal practitioners recently established a protocol consisting of recommendations, strategies and a checklist for managing discovery of...more
Responding to Comprehensive Financial Fraud Enforcement Efforts by K&L Gates LLP on 2/8/2012 When the President of the United States highlights an enforcement initiative in the State of the Union Address, as he did on January 24, 2012, it likely is a strong indication of things to come. And action was swift....more
Social-Networking Evidence Ira P. Robbins American University - Washington College of Law by Davis & Hoss, PC on 11/4/2011 This Article addresses the evidentiary hurdle of authenticating social-networking evidence, a novel legal issue confronting courts today. The Article explains and critiques four approaches used by different jurisdictions,...more
Spoliation of ESI Risks Criminal Prosecution by Fenwick & West LLP on 10/11/2011 A prime topic for discussion at the Executive Counsel eDiscovery briefings continues to be the interaction between the various Electronic Discovery (“eDiscovery”) process stakeholders. Effective collaboration is needed among...more
Court Orders Government to Produce Electronic Data in Usable Form; Recognizes Need for E-Discovery Rules in Criminal Cases by Bracewell & Giuliani LLP on 9/23/2011 Affirming that issues concerning electronically stored information (ESI) are confined neither to civil matters nor private-party litigants, a federal district court this month ordered prosecutors to reproduce discovery in a...more
Good-Faith Rule Applies to Document Destruction by Ifrah Law - Strategic Defense in Federal... on 6/20/2011 Big cases can turn on a little rule of evidence called spoliation. The rule recognizes that a trial court has the inherent authority to sanction a party for destroying, altering, or failing to preserve property that the...more
Privacy? You Don't Got No Stinkin' Privacy! by Bay Oak Law on 6/1/2011 When someone subpoenas subscriber information from an internet service provider, does the subscriber have an expectation of privacy? In California, at least, the answer seems to be: No. In People v. Stirpo, (Second District...more
Securities Litigation Report - Volume 8, Issue 4 - April 2011 by Morrison & Foerster LLP on 4/15/2011 In this issue: The Vivendi Ruling: Revisiting Three Key Issues (and Adding Two More); Delaware Chancery Court Update: Recent Decisions Shed New Light on Stapled Financing Offered by Financial Advisors, Duties of Directors...more
Hacking of CBI Website Cyberspace-A new front of war by Neeraj Aarora on 12/6/2010 The incidents of war happened in the real world is mirrored in cyber space, given the recent incidents of hacking of government websites by state or non state group of hackers for political, military, espionage purposes. As...more
Professional Driver's Career Saved - DUI Newsletter by Law Office of Johnson & Johnson on 11/20/2010 The Courtroom and DMV generally represents a hostile environment to the needs of persons accused of a DUI. This is particularly true for persons whose careers depend on maintaining a valid driver's license. A commercial...more
Advocate's Edge by Craig Greene on 11/1/2010 Our bi-monthly newsletter for attorneys featuring articles re: ACFE report highlighting the importance of antifraud controls; Authentication issues: Who creates ESI; Rule 26 Amendments extending greater work product...more
Finding Guidance on Electronic Discovery from the Court by Sutherland Asbill & Brennan LLP on 10/22/2010 Despite the ubiquity of electronic discovery issues since the inception of the electronic age, courts historically have provided counsel with little guidance regarding discovery duties and sanctions upon lapse of those...more
Corporate Fraud - Essentials of an Anti Fraud Program by Paul McCormack on 10/22/2010 The good news is that, motivated by concern—even fear—of being victimized by fraudsters whose exploits have been gaining increasing media attention in recent years, many organizations are finally investing in the...more